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Results: 1-10 of 166

Employer could terminate for failure to follow reasonable instructions
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd


Date of resignation cannot be backdated
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined


Protection of volunteers - discrimination and unfair dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal


Meaning of "occupied premises" for purposes of car pool tax exemption
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • September 10 2010

Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"


Employer faces jail for perjury in the tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings


Garden leave: no obligation to provide work where employee in breach of duty of good faith
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • January 14 2010

In Standard Life Health Care Ltd v Gorman and others, the Court of Appeal upheld an injunction (interdict) preventing agents who were paid on a commission only basis from joining a competitor until the end of their notice periods


Employee in breach of implied duty of trust and confidence cannot claim constructive dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 11 2010

The EAT has held, in the case of Aberdeen City Council v McNeill, that an employee, who at the time of their resignation is themselves in breach of the implied duty of trust and confidence, is not entitled to claim constructive dismissal on the basis of the employer's breach of trust and confidence


The not so beautiful game
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2010

With the 2010 FIFA Word Cup only one day away, employers will be dreading the onset of sickies, absenteeism and headaches which is sure to follow


Right to request time off for training
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

The Apprenticeships, Children and Learning Act received Royal Assent on 12 November


Dealing with retirement
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 16 2010

The abolition of the statutory default retirement age of 65 from October 2011 will compel employers to make strategic decisions about their workforce and to address the detailed consequences of the change in the law in a number of different areas